What can my landlord keep my security deposit for?
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AI Paralegal AnswerSecurity deposit law is governed by state law, and every state has rules specifying what a landlord can and cannot deduct from your deposit when you move out. In general, landlords may keep your deposit only for specific, documented reasons related to the tenancy — not simply because they feel like it. [1][2][3]
Legitimate reasons a landlord may keep your deposit:
- Unpaid rent — any rent still owed when you move out
- Physical damage beyond normal wear and tear — e.g., holes in walls, broken windows, stained carpets from pet accidents, burns, missing fixtures
- Cleaning costs — if you left the unit significantly dirtier than when you moved in (above normal cleaning)
- Lease break fees — in some states, documented costs resulting from you breaking the lease early
- Unpaid utilities — if the tenant was responsible for utilities under the lease
What a landlord CANNOT deduct for:
- Normal wear and tear — minor scuffs, small nail holes from hanging pictures, faded paint, carpet wear from ordinary use — these are the landlord's responsibility
- Pre-existing damage (this is why move-in checklists and photos are so important)
- General "repainting the whole unit" without documented damage
**Return timelines and itemization requirements [1][2][3]
States require landlords to return your deposit (or send an itemized deduction statement) within a set number of days after you vacate:
- California** — 21 days, with itemized statement and receipts for deductions over $125 [1]
- Florida — 15 days (no deductions) or 30 days (with deductions) after you vacate; landlord must send written notice of intent to claim [2]
- Texas — 30 days after vacating [3]
If your landlord keeps the deposit improperly
If your landlord fails to return the deposit on time or makes improper deductions, you can sue in small claims court. Many states impose penalties of 2–3 times the withheld amount plus attorneys' fees for bad-faith retention.
Pro tip: Take timestamped photos/video of the entire unit at move-in and move-out, and keep a copy of your move-in checklist. Written documentation is your best protection.
AI-Generated Information. Consult a licensed attorney for official legal advice.